Karnataka

Bangalore 2nd Additional

CC/789/2010

Smt. Rekha Vijay Chitrakar - Complainant(s)

Versus

The MD, Country Club India Ltd., - Opp.Party(s)

K.T.Gurudeva Prasad

06 Oct 2010

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/789/2010

Smt. Rekha Vijay Chitrakar
...........Appellant(s)

Vs.

The MD, Country Club India Ltd.,
The Branch Manager, Country Vacations Club India Ltd.,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Date of filing : 09.04.2010 Date of Order: 06.10.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 6th DAY OF OCTOBER 2010 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member COMPLAINT NO: 789 OF 2010 Smt. Rekha Vijay Chitrakar, W/o Vijay Anand Chitrakar, R/at No.172, 1st Main, BEML Layout, Rajarajeswarinagar, Bangalore-98. Complainant V/S 1) The Managing Director, M/s. Country Club (India) Ltd., Regd off No.8-2-793, Amrutha Valley Road, No.12, Banjara Hills, Hyderabad. 2) The Branch Manager, M/s. Country Vacations Club (India) Ltd., No.102, 1st Floor, No.48, S&S Chambers, Next to Kamath Hotel, Commercial Street, Shivajinagar, Bangalore-1. Opposite parties ORDER By the President Sri S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. The brief facts of the case are that the complainant has paid in all Rs.5,49,000/- towards Club Membership to the opposite party. The complainant has paid Rs.5,00,000/- and Rs.49,000/- on 24-7-2007 in single day through cheques to the opposite party. The complainant submitted that the opposite party had promised for allotment of a complimentary plot to the complainant. It is the case of the complainant that the opposite party club has not maintained its commitment and obligation and the complementary plots have not been allotted and registered in her favor as per promise of the opposite party. Therefore, the complainant got issued legal notice, intimating to cancel the membership and refund the amount with interest and compensation. 2. The opposite party has filed version, stating that the complaint is not maintainable. There is no deficiency of service on the part of the opposite party. The opposite party is admitted receipt of Rs.5,49,000/- from the complainant on 24-7-2007. The opposite party has taken defense that a gift deed dated 19-02-2008 had been executed in the name of Mr.Vijay Anand Chitrkar husband of the complainant. Therefore, it is the case of the opposite party is that the complaint is not maintainable. The dispute between the complainant and the opposite party is in civil nature. There is no cause of action to file the complaint. The opposite party never rendered any deficiency in service. Therefore, the opposite party requested to dismiss the complaint. 3. The respective parties have filed Affidavit evidence and documents. 4. Arguments are heard. 5. The points for consideration are: 1. Whether the complainant has proved deficiency of service on the part of opposite party? 2. Whether the complainant is entitled for refund of amount paid by her? 3. What order and relief? REASONS 6. It is an admitted case of the parties that the complainant has paid Rs.5,49,000/- to the opposite party through cheque on 24-7-2007 for club membership. The opposite party admitted the payment made by the complainant. The complainant has produced the receipts and also letter of opposite party and copy of legal notice with postal acknowledgment. It is the case of the complainant that as per the commitments the opposite party has not allotted complementary plots and documents were not registered in her favour. Therefore, she doesn’t want to continue with the membership of the opposite party club. She requested the opposite party to cancel the membership and refund the amount. The payment of amount is concerned there is no dispute. The opposite party has produced copy of gift deed dated 19-02-2008 to show that it had allotted the complimentary plot. On perusal of gift deed the gift deed is not executed in favor of the complainant. The Donors Mrs.C. Indira Devi, Ms.Shivaparvathi, Mr. B.Shobhan Babu are nothing to do with the opposite party club. Moreover the Donee in the gift deed is Mr.Vijay Anand Chitrakar where as the complainant is Rekha, she has paid the amount and claiming refund. The gift deed produced by the opposite party goes to show that all the three donors mentioned in the deed have not signed. The gift deed produced by the opposite party appears to be not legal and genuine document. Such kind of gift deed can not be relied up on to show that the opposite party has complied the commitment and obligation. When the complainant Smt. Rekha is not at all a Donee and she had not accepted the gift deed how can the opposite party take the benefit of the so called gift deed made on dated 19-2-2008. one more interesting fact is that the opposite party has written a letter to the complainant on 20-8-2009 stating that the complainant had taken membership of the club and paid Rs.5,49,000/- so far registration has not been done because of the Karnataka Government problem and complainant will be getting registration of plot within 45 working days, the copy of letter is produced by the complainant at Annexure C. When the gift deed is executed on 19-2-2008 according to the opposite party, where was necessity for the opposite party to write a letter on 20-8-2009 that registration of plots has not been done because of Karnataka Government problem. Therefore, by the letter of the opposite party it is very clear and also admitted fact that the opposite party had not registered any plots in favor of the complainant as per the commitment. The opposite party has taken a false and untenable defense. The complainant has proved the deficiency of service on the part of the opposite party, because the opposite party has failed to register the complimentary plots as per the commitment and obligation. Therefore, the complainant does not want to continue the membership of the club and she had requested the opposite party to refund the amount with interest. Legal notice was sent the opposite party having failed to comply the demand made by the complainant. Therefore, the complainant has forced to file this complaint for seeking justice. The complainant is right in asking for refund of amount with interest. Therefore, the complaint deserves to be allowed. The complainant is entitled for refund of amount. In the result, I proceed to pass the following: ORDER 7 The complaint is allowed. The opposite parties are directed to refund Rs.5,49,000/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within 60 days the complainant is entitled interest at 9% p.a. on the above amount from the date of filing complaint till payment / realization. 8. The complainant is entitled Rs.3,000/- as cost of the present proceedings from the opposite parties. 9. Send the copy of this Order to both the parties free of costs immediately. 10. Pronounced in the Open Forum on this 6TH DAY OF OCTOBER 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER